Cleveland Sexual Assault and Rape Defense Lawyer

What Prosecutors Must Prove

To obtain a conviction, prosecutors must prove every element of the charged offense beyond a reasonable doubt.

In a rape case, the state must prove:

• Sexual conduct occurred
• The required legal condition existed, such as force, threat, impairment, or age

In a sexual battery case, prosecutors must prove:

• Sexual conduct occurred
• The specific prohibited circumstance applied, such as authority, coercion, or substantial impairment

The burden of proof remains entirely on the prosecution. The defense does not have to prove innocence. The state must present reliable and admissible evidence that satisfies each legal element.

Related Charges We Frequently Defend

Sexual assault investigations often involve multiple charges, including:

• Sexual battery
• Gross sexual imposition
• Sexual imposition
• Unlawful sexual conduct with a minor (statutory rape)
• Importuning
• Solicitation of a minor
• Online sex crimes
• Pandering or disseminating material harmful to juveniles
• Child pornography offenses
• Indecent exposure
• Failure to register as a sex offender
• Protective order violations related to sex offense allegations

‍